J. S. Moore & Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil aotioN, tried at October Term, 1916, of CUMBERLAND, before Winston, J. The action is brought to recover damages for burning plaintiff’s lumber and part of its mill plant, alleged to have been caused by the negligence of defendant in carelessly permitting fire to escape from its engine. At the conclusion of the evidence a motion to nonsuit was sustained, and plaintiff appealed.
1Opinion of the CourtBeowN, J.
Plaintiff assigns error:
1. That it was error for tbe court to sustain defendant’s objection when plaintiff offered to show by the witness J. R. Bowden that the day before the fire complained of the defendant’s locomotive on the through freight, going north, put out fire on the witness’s lands near the plaintiff’s mill.
2. That the court also erred in allowing the defendant’s motion for judgment as of nonsuit.
The first exception cannot be sustained. Ice Co. v. R. R., 126 N. C., 800; R. R. v. Smith, 55 Southern, 871; Kerner v. R. R. 170 N. C., 94.
In the last case it is said: “It is conceded that…
2Cases cited13 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Atchison, Topeka & Santa Fe Railroad v. MatthewsSupreme Court of Kansas · 1897
- Lewis v. Clyde Steamship Co.Supreme Court of North Carolina · 1903
- Kerner v. Southern Railway Co.Supreme Court of North Carolina · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McDonald v. . HoweSupreme Court of North Carolina · 1919
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Jernigan v. . JerniganSupreme Court of North Carolina · 1919
- Foreman-Blades Lumber Co. v. City of Elizabeth CitySupreme Court of North Carolina · 1947
- Page v. TaoCourt of Appeals of North Carolina · 1982
2 more not listed; retrieve them via the Exa API.